[2014] KEHC 2471 (KLR)
The court found that the 2nd respondent, Meru South County Council, had become defunct under the new constitutional dispensation. The substitution of the defunct entity with the Tharaka Nithi County Government was necessary for the matter to proceed. There was no opposition to the application, and no prejudice would...
Source-derived case information.
- Citation
- [2014] KEHC 2471 (KLR)
- Parties
- Applicant: The Presbyterian Foundation; Applicant: PCEA Iriga Parish; Applicant: Iriga Dispensary; Respondent: Director of Medical Services; Respondent: Meru South County Council; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 2 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Application to Amend Pleadings
- Outcome
- Application to amend petition and substitute 2nd respondent allowed.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Substitution of Parties, Constitutional Dispensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Presbyterian Foundation
Applicant
PCEA Iriga Parish
Applicant
Iriga Dispensary
Applicant
Director of Medical Services
Respondent
Meru South County Council
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application to Amend Pleadings
Legal Issues
- 1 Whether the petitioners should be granted leave to amend the petition to substitute the defunct 2nd respondent with the Tharaka Nithi County Government.
- 2 Whether the amendment is necessary for the matter to proceed under the new constitutional dispensation.
Ratio Decidendi
The court found that the 2nd respondent, Meru South County Council, had become defunct under the new constitutional dispensation. The substitution of the defunct entity with the Tharaka Nithi County Government was necessary for the matter to proceed. There was no opposition to the application, and no prejudice would be occasioned by the amendment. The court therefore allowed the application to amend the petition and substitute the 2nd respondent accordingly, with costs to be in the cause.
Court Disposition
Application to amend petition and substitute 2nd respondent allowed.
Orders
- Leave granted to the petitioners to amend the petition to substitute the 2nd respondent with Tharaka Nithi County Government.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO. 2 OF 2012
THE PRESBYTERIAN FOUNDATION
PCEA IRIGA PARISH
IRIGA DISPENSARY.................................................................................PETITIONERS
VERSUS
DIRECTOR OF MEDICAL SERVICES..........................................1ST RESPONDENT
MERU SOUTH COUNTY COUNCIL............................................2ND RESPONDENT
ATTORNEY GENERAL...................................................................3RD RESPONDENT
R U L I N G
This application is dated 17th day of June, 2014 and seeks orders:
This matter be certified urgent and service be dispensed with.
The petitioner herein be granted leave and be allowed to amend his pleadings (Petition) in terms of the 2nd respondent, to substitute the 2nd Respondent with the Tharaka Nithi County Government as per the new Constitutional dispensation and as per the attached draft.
That Costs of this application be provided for.
It is supported by the Affidavit of one Amos Musa Kaburu, for the petitioners/applicant and on the following grounds.
That the 2nd respondent has now become defunct pursuant to the new constitutional dispensation.
That the matter cannot move unless the said amendment is done.
That no prejudice shall be done
The 1st and 3rd respondent's have not opposed the application. The 2nd respondent is defunct. The application is meant to facilitate the substitution of the defunct Meru South Country Council with the proper corporate body.
In the circumstances it is allowed with costs to be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 21st day of July, 2014 in the presence of:
Cc. Daniel/ Lilian
Menge for 1st 2nd, 3rd Respondents
Miss Koome for Applicant
P. M. NJOROGE
JUDGE